On December 13, 2016, the Federal Aviation Administration (FAA) published a final rule to permit operators to use an enhanced flight vision system in lieu of natural vision to continue descending from 100 feet above the touchdown zone elevation to the runway and to land on certain straight-in instrument approach procedures under instrument flight rules. The FAA is delaying the effective date of this final rule.

2017-01-09; vol. 82 # 5 - Monday, January 9, 2017

82 FR - Revisions to Operational Requirements for the Use of Enhanced Flight Vision Systems (EFVS) and to Pilot Compartment View Requirements for Vision Systems

The FAA amends its airworthiness standards for normal, utility, acrobatic, and commuter category airplanes by replacing current prescriptive design requirements with performance-based airworthiness standards. These standards also replace the current weight and propulsion divisions in small airplane regulations with performance- and risk-based divisions for airplanes with a maximum seating capacity of 19 passengers or less and a maximum takeoff weight of 19,000 pounds or less. These airworthiness standards are based on, and will maintain, the level of safety of the current small airplane regulations, except for areas addressing loss of control and icing, for which the safety level has been increased. The FAA adopts additional airworthiness standards to address certification for flight in icing conditions, enhanced stall characteristics, and minimum control speed to prevent departure from controlled flight for multiengine airplanes. This rulemaking is in response to the Congressional mandate set forth in the Small Airplane Revitalization Act of 2013.

2016-12-13; vol. 81 # 239 - Tuesday, December 13, 2016

81 FR 90126 - Revisions to Operational Requirements for the Use of Enhanced Flight Vision Systems (EFVS) and to Pilot Compartment View Requirements for Vision Systems

Prior to this final rule, persons could only use an Enhanced Flight Vision System (EFVS) in lieu of natural vision to descend below the decision altitude, decision height, or minimum descent altitude (DA/DH or MDA) down to 100 feet above the touchdown zone elevation (TDZE) using certain straight-in landing instrument approach procedures (IAPs). This final rule permits operators to use an EFVS in lieu of natural vision to continue descending from 100 feet above the TDZE to the runway and to land on certain straight-in IAPs under instrument flight rules (IFR). This final rule also revises and relocates the regulations that permit operators to use an EFVS in lieu of natural vision to descend to 100 feet above the TDZE using certain straight-in IAPs. Additionally, this final rule addresses provisions that permit operators who conduct EFVS operations under parts 121, 125, or 135 to use EFVS-equipped aircraft to dispatch, release, or takeoff under IFR, and revises the regulations for those operators to initiate and continue an approach, when the destination airport weather is below authorized visibility minimums for the runway of intended landing. This final rule establishes pilot training and recent flight experience requirements for operators who use EFVS in lieu of natural vision to descend below the DA/DH or MDA. EFVS-equipped aircraft conducting operations to touchdown and rollout are required to meet additional airworthiness requirements. This final rule also revises pilot compartment view certification requirements for vision systems using a transparent display surface located in the pilot's outside field of view. The final rule takes advantage of advanced vision capabilities, thereby achieving the Next Generation Air Transportation System (NextGen) goals of increasing access, efficiency, and throughput at many airports when low visibility is the limiting factor. Additionally, it enables EFVS operations in reduced visibilities on a greater number of approach procedure types while maintaining an equivalent level of safety.

The Federal Aviation Administration proposes to modify the requirements primarily applicable to air carriers conducting domestic, flag and supplemental operations to enhance the professional development of pilots in those operations. The proposal would require air carriers conducting domestic, flag and supplemental operations to provide new-hire pilots with an opportunity to observe flight operations (operations familiarization) to become familiar with procedures before serving as a flightcrew member in operations; revise the upgrade curriculum; provide leadership and command and mentoring training for all pilots in command (PICs); and establish Pilot Professional Development Committees (PPDC). This proposal is responsive to a statutory requirement for the Federal Aviation Administration to convene an aviation rulemaking committee (ARC) to develop procedures for air carriers pertaining to pilot mentoring, professional development, and leadership and command training and to issue an NPRM and final rule based on these recommendations. The proposal also includes a number of additional conforming changes related to flight simulation training devices and second in command (SIC) pilot training and checking, and other miscellaneous changes. The FAA believes that this proposed rule would mitigate incidents of unprofessional pilot behavior which would reduce pilot errors that can lead to a catastrophic event.

This rule is effective on September 7, 2016, except for the removal of SFAR No. 108 to part 91 which is effective on November 7, 2017. The compliance date for this final rule is November 7, 2016. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of September 7, 2016. Submit comments on or before November 7, 2016.

14 CFR Parts 61, 91, 135

Summary

This action relocates and updates the content of SFAR No. 108 to the newly created subpart N of part 91 in order to improve the safety of operating the Mitsubishi Heavy Industries (MHI) MU-2B series airplane. SFAR No. 108 will be eliminated from the Code of Federal Regulations on November 7, 2017, after which time all MU-2B operators must comply with this subpart. The FAA is relocating the training program from the SFAR No. 108 appendices to advisory material in order to allow the FAA to update policy while ensuring significant training adjustments still go through notice-and-comment rulemaking. The FAA is also correcting and updating several inaccurate maneuver profiles to reflect current FAA training philosophy and adding new FAA procedures not previously part of the MU-2B training under SFAR No. 108. This rule will require all MU-2B training programs to meet the requirements of this subpart and to be approved by the FAA to ensure safety is maintained. As a result of this action, operators, training providers, and safety officials will have more timely access to standardized, accurate training material.

2016-07-26; vol. 81 # 143 - Tuesday, July 26, 2016

81 FR 48694 - Provision of Navigation Services for the Next Generation Air Transportation System (NextGen) Transition to Performance-Based Navigation (PBN) (Plan for Establishing a VOR Minimum Operational Network)

This action sets forth the Very High Frequency (VHF) Omnidirectional Range (VOR) Minimum Operational Network (MON) policy as proposed in the Proposed Provision of Navigation Services for the Next Generation Air Transportation System (NextGen) Transition to Performance-Based Navigation (PBN) notice of proposed policy published on December 15, 2011 (76 FR 77939). This document provides the discontinuance selection criteria and candidate list of VOR Navigational Aids (NAVAIDs) targeted for discontinuance as part of the VOR MON Implementation Program and United States (U.S.) National Airspace System (NAS) Efficient Streamline Services Initiative. Additionally, this policy addresses the regulatory processes the FAA plans to follow to discontinue VORs.

DEPARTMENT OF TRANSPORTATION, Federal Aviation Administration, Office of the Secretary

Final rule; correction.

This correction will become effective on July 5, 2016.

14 CFR Part 382

Summary

This document corrects a final rule which replaces the existing process by which the Federal Aviation Administration (Agency or FAA) approves portable oxygen concentrators (POC) for use on board aircraft in air carrier operations, commercial operations, and certain other operations using large aircraft. The FAA currently assesses each POC make and model on a case-by-case basis and if the FAA determines that a particular POC is safe for use on board an aircraft, the FAA conducts rulemaking to identify the specific POC model in an FAA regulation. The final rule replaces the current process and allows passengers to use a POC on board an aircraft if the POC satisfies certain acceptance criteria and bears a label indicating conformance with the acceptance criteria. The labeling requirement only affects POCs intended for use on board aircraft that were not previously approved for use on aircraft by the FAA. Additionally, the rulemaking will eliminate redundant operational requirements and paperwork requirements related to the physician's statement. As a result, the rulemaking will reduce burdens for POC manufacturers, passengers who use POCs while traveling, and affected aircraft operators. The final rule also made conforming amendments to the Department of Transportation's (Department or DOT) rule implementing the Air Carrier Access Act (ACAA) to require carriers to accept all POC models that meet FAA acceptance criteria as detailed in this rule.

DEPARTMENT OF TRANSPORTATION, Federal Aviation Administration, Office of the Secretary

Final rule; correction.

This correction will become effective on June 23, 2016.

14 CFR Parts 1, 11, 121, 125, and 135

Summary

This final rule replaces the existing process by which the Federal Aviation Administration (Agency or FAA) approves portable oxygen concentrators (POC) for use on board aircraft in air carrier operations, commercial operations, and certain other operations using large aircraft. The FAA currently assesses each POC make and model on a case-by-case basis and if the FAA determines that a particular POC is safe for use on board an aircraft, the FAA conducts rulemaking to identify the specific POC model in an FAA regulation. This final rule replaces the current process and allows passengers to use a POC on board an aircraft if the POC satisfies certain acceptance criteria and bears a label indicating conformance with the acceptance criteria. The labeling requirement only affects POCs intended for use on board aircraft that were not previously approved for use on aircraft by the FAA. Additionally, this rulemaking will eliminate redundant operational requirements and paperwork requirements related to the physician's statement. As a result, this rulemaking will reduce burdens for POC manufacturers, passengers who use POCs while traveling, and affected aircraft operators. This final rule also makes conforming amendments to the Department of Transportation's (Department or DOT) rule implementing the Air Carrier Access Act (ACAA) to require carriers to accept all POC models that meet FAA acceptance criteria as detailed in this rule.

DEPARTMENT OF TRANSPORTATION, Federal Aviation Administration, Office of the Secretary

Final rule.

The amendments to 14 CFR 1.1, 1.2, 121.574, 125.219, and 135.91 are effective June 23, 2016. The amendments to 14 CFR 11.201, 121.306, 125.204, 135.144, 382,27, and 382.133, and the removal of Special Federal Aviation Regulation No. 106 are effective August 22, 2016.

14 CFR Parts 1, 11, 121, 125, and 135

Summary

This final rule replaces the existing process by which the Federal Aviation Administration (Agency or FAA) approves portable oxygen concentrators (POC) for use on board aircraft in air carrier operations, commercial operations, and certain other operations using large aircraft. The FAA currently assesses each POC make and model on a case-by-case basis and if the FAA determines that a particular POC is safe for use on board an aircraft, the FAA conducts rulemaking to identify the specific POC model in an FAA regulation. This final rule replaces the current process and allows passengers to use a POC on board an aircraft if the POC satisfies certain acceptance criteria and bears a label indicating conformance with the acceptance criteria. The labeling requirement only affects POCs intended for use on board aircraft that were not previously approved for use on aircraft by the FAA. Additionally, this rulemaking will eliminate redundant operational requirements and paperwork requirements related to the physician's statement. As a result, this rulemaking will reduce burdens for POC manufacturers, passengers who use POCs while traveling, and affected aircraft operators. This final rule also makes conforming amendments to the Department of Transportation's (Department or DOT) rule implementing the Air Carrier Access Act (ACAA) to require carriers to accept all POC models that meet FAA acceptance criteria as detailed in this rule.

This rulemaking would relieve burdens on pilots seeking to obtain aeronautical experience, training, and certification by increasing the allowed use of aviation training devices. These training devices have proven to be an effective, safe, and affordable means of obtaining pilot experience. This rulemaking also would address changing technologies by accommodating the use of technically advanced airplanes as an alternative to the use of older complex single engine airplanes for the commercial pilot training and testing requirements. Additionally, this rulemaking would broaden the opportunities for military instructors to obtain civilian ratings based on military experience, would expand opportunities for logging pilot time, and would remove a burden from sport pilot instructors by permitting them to serve as safety pilots. Finally, this rulemaking would include changes to some of the provisions established in an August 2009 final rule. These actions are necessary to bring the regulations in line with current needs and activities of the general aviation training community and pilots.

The FAA proposes to amend its airworthiness standards for normal, utility, acrobatic, and commuter category airplanes by removing current prescriptive design requirements and replacing them with performance-based airworthiness standards. The proposed standards would also replace the current weight and propulsion divisions in small airplane regulations with performance- and risk-based divisions for airplanes with a maximum seating capacity of 19 passengers or less and a maximum takeoff weight of 19,000 pounds or less. The proposed airworthiness standards are based on, and would maintain, the level of safety of the current small airplane regulations. Finally, the FAA proposes to adopt additional airworthiness standards to address certification for flight in icing conditions, enhanced stall characteristics, and minimum control speed to prevent departure from controlled flight for multiengine airplanes. This notice of proposed rulemaking addresses the Congressional mandate set forth in the Small Airplane Revitalization Act of 2013.

The FAA is correcting a final rule published on July 15, 2013. In that rule, the FAA amended its regulations to create new certification and qualification requirements for pilots in air carrier operations. The FAA unintentionally required without notice and comment that if a certificate holder conducting part 135 operations who has voluntarily chosen and been authorized to comply with the part 121 training and qualification requirements, a pilot serving as a second in command in part 135 for that certificate holder is required to have an airline transport pilot certificate and an aircraft type rating. This document corrects those errors and makes several additional miscellaneous corrections to part 61 and a cross-reference error in part 121.

2015-08-20; vol. 80 # 161 - Thursday, August 20, 2015

80 FR 50587 - Revisions to Operational Requirements for the Use of Enhanced Flight Vision Systems (EFVS) and to Pilot Compartment View Requirements for Vision Systems; Reopening of Comment Period

The comment period for the NPRM published on June 11, 2013 (78 FR 34935) closed October 15, 2013, and is reopened until September 21, 2015.

14 CFR Part 1, 23, 25, 27, 29, 61, 91, 121, 125, 135

Summary

This action reopens the comment period for the regulatory evaluation associated with the FAA's June 11, 2013 Notice of Proposed Rulemaking (NPRM), Revisions to Operational Requirements for the Use of Enhanced Flight Vision Systems (EFVS) and to Pilot Compartment View Requirements for Vision Systems. The regulatory evaluation associated with the NPRM was not posted to the docket prior to the close of the comment period. Therefore, the FAA is reopening the comment period to allow the public the opportunity to adequately analyze the full regulatory evaluation for the NPRM. The FAA will accept comments on the regulatory evaluation only; and not on the regulatory changes proposed in the NPRM.

This correction is effective on May 4, 2015. The effective date of the final rule published March 4, 2015 (80 FR 11537), is corrected to March 4, 2016.

14 CFR Parts 121 and 135

Summary

The FAA is correcting a final rule published on March 4, 2015 (80 FR 11537). In that rule, the FAA amended its maintenance regulations for domestic, flag, and supplemental operations, and for commuter and on-demand operations for aircraft type certificated with a passenger seating configuration of 10 seats or more (excluding any pilot seat). The FAA originally proposed to make the effective date of the rule one year after its publication date to give affected operators time to come into compliance with the new requirements, and to allow the FAA time to review information submitted by the operators under the rule. However, in the final rule, the FAA inadvertently overlooked the proposed one-year compliance time, and included an effective date of 60 days after publication. This document corrects the effective date of that document.

Effective May 4, 2015 except for §§ 121.368 and 135.426 which contain information collection requirements that have not been approved by the Office of Management and Budget (OMB). The FAA will publish a document in the Federal Register announcing the effective date.

14 CFR Parts 121 and 135

Summary

The Federal Aviation Administration (FAA) amends the maintenance regulations for domestic, flag, and supplemental operations, and for commuter and on-demand operations for aircraft type certificated with a passenger seating configuration of 10 seats or more (excluding any pilot seat). The new rules require affected air carriers and operators to develop policies, procedures, methods, and instructions for performing contract maintenance that are acceptable to the FAA, and to include them in their maintenance manuals. The rules also require the air carriers and operators to provide a list to the FAA of all persons with whom they contract their maintenance. These changes are needed because contract maintenance has increased to over 70 percent of all air carrier maintenance, and numerous investigations have shown deficiencies in maintenance performed by contract maintenance providers. These rules will help ensure consistency between contract and in-house air carrier maintenance and enhance the oversight capabilities of both the air carriers and the FAA.

This policy statement updates and clarifies how the FAA determines when datalink communications must be recorded as a function of the cockpit voice recorder operational regulations. This policy update eliminates unneeded limitations in current policy, and restates the FAA's intent that the requirement function as a performance-based regulation.

The direct final rule published July 28, 2014 (79 FR 43619) will become effective on April 22, 2015.

14 CFR Part 135

Summary

This action confirms the effective date of the direct final rule published on July 28, 2014, and responds to the comments received on that direct final rule. The rule permits the pilot in command of a helicopter air ambulance to assess the weather at a departure point where current weather observations are not available and allows the pilot to depart if the observed ceiling and visibility is greater than certain weather minimums. This action will allow a pilot to utilize the minimum takeoff visibilities depicted in a published obstacle departure procedure, or in the absence of such a procedure, when the pilot observed ceiling and visibility is greater than the minimum ceiling and visibility limitations required by specific helicopter air ambulance rules. This change to the current regulation will permit helicopter air ambulance flights to enter the National Airspace System (NAS) under Instrument Flight Rules (IFR) when visibilities and ceilings are below Visual Flight Rules (VFR), thus increasing the safety of the flight.

This document provides clarification of the intent of the Approach/Departure IFR Transitions regulation contained in the Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations final rule, published on February 22, 2014. After publication, the FAA received comments and questions from intended users and industry advocacy groups about the clarity of terms used in this regulation, specifically, regarding the use of published instrument approaches and departures and the visibility limitations and differences between the terms “proceed visually” and “proceed VFR”. The FAA is clarifying the terms and intent of this regulation in order to increase situational awareness and enhance Helicopter Air Ambulance safety. This clarification is intended for Part 135 air carriers engaged in helicopter air ambulance operations, and Principal Inspectors with oversight responsibility for helicopter air ambulance operations.

This rulemaking would replace Special Federal Aviation Regulation No. 106 with acceptance criteria for portable oxygen concentrators to be used by passengers in air carrier operations, commercial operations and certain other operations using large aircraft. Currently, the agency assesses each portable oxygen concentrator on a case-by-case basis to determine whether it is safe for use on board aircraft. If the agency determines that a portable oxygen concentrator is safe for use on board aircraft, the specific model is identified in regulations. This rulemaking would replace the burdensome approval process with acceptance criteria and a requirement for manufacturers to demonstrate compliance by affixing a label on the exterior of the portable oxygen concentrator applied in a manner that ensures it will remain affixed for the life of the device. The proposed acceptance criteria and labeling requirement would only affect portable oxygen concentrators intended for use on board aircraft. Portable oxygen concentrators currently approved for use on board aircraft would not be affected by this proposal and will be listed in this rule as approved. This rulemaking would also eliminate redundant requirements and paperwork requirements that are not necessary for aviation safety thereby reducing burdens for portable oxygen concentrator manufacturers, passengers who use portable oxygen concentrators while traveling, and aircraft operators conducting air carrier operations, commercial operations or certain operations using large aircraft.

2014-07-28; vol. 79 # 144 - Monday, July 28, 2014

79 FR 43619 - Departing IFR/VFR When Weather Reporting Is Not Available

Effective April 22, 2015. Submit comments on or before September 26, 2014. If we receive an adverse comment or notice of intent to file an adverse comment, we will advise the public by publishing a document in the Federal Register withdrawing the direct final rule before the effective date of the final rule.

14 CFR Part 135

Summary

This action will permit the pilot in command of a helicopter air ambulance to assess the weather at a departure point where current weather observations are not available and allow the pilot to depart if the observed ceiling and visibility is greater than certain weather minimums. This action will allow a pilot to utilize the minimum takeoff visibilities depicted in a published obstacle departure procedure, or in the absence of such a procedure, when the pilot observed ceiling and visibility is greater than the minimum ceiling and visibility limitations required by specific helicopter air ambulance rules. This change to the current regulation will permit helicopter air ambulance flights to enter the National Airspace System under Instrument Flight Rules when visibilities and ceilings are below Visual Flight Rules, thus increasing the safety of the flight.

The FAA is correcting a final rule published on February 21, 2014. In that rule, the FAA amended its regulations to revise the helicopter air ambulance, commercial helicopter, and general aviation helicopter operating requirements. This document corrects errors in the codified text of that document.

2014-05-20; vol. 79 # 97 - Tuesday, May 20, 2014

79 FR 28811 - Additional Types of Child Restraint That May Be Furnished and Used on Aircraft; Technical Amendment

The FAA is amending regulations relating to the label required for FAA approved child restraint systems onboard aircraft. This final rule corrects minor technical errors in the codified regulations and updates a cross-reference.

2014-04-21; vol. 79 # 76 - Monday, April 21, 2014

79 FR 22009 - Extension of Effective Date for the Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations Final Rule

The effective date of the rule amending 14 CFR Parts 91, 120, and 135 published February 21, 2014 (79 FR 9932), is delayed until April 22, 2015. The amendment to § 135.293 in this document is effective April 22, 2015. Submit comments on or before May 21, 2014.

14 CFR Parts 91, 120, and 135

Summary

The FAA is delaying the effective date of the Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations final rule published on February 21, 2014. In that rule, the FAA amended its regulations to revise the helicopter air ambulance, commercial helicopter, and general aviation helicopter operating requirements. The April 22, 2014 effective date does not provide an adequate amount of time for the affected certificate holders to implement the new requirements. By extending the effective date to April 22, 2015, the affected certificate holders will have sufficient time to implement the new requirements. This action will only affect the effective date of the provisions of the rule scheduled to take effect April 22, 2014. Other provisions in the rule with specified compliance dates will not be affected.

Notice of availability of proposed Advisory Circular for Upset Prevention and Recovery Training and proposed revision to Advisory Circular for Stall Prevention and Recovery Training, request for comment.

Written comments must be received on or before May 12, 2014.

14 CFR Parts 121, 135, and 142

Summary

The Federal Aviation Administration (FAA) is announcing the availability of proposed Advisory Circulars (AC) 120-UPRT and 120-109A. AC 120-UPRT provides recommended practices and guidance for academic and flight simulation training device (FSTD) training for pilots to prevent developing upset conditions and ensure correct and consistent recovery responses to upsets. AC 120-109A provides guidance and best practices for training, testing, and checking for pilots to ensure correct responses to impending and full stalls.

This rule is effective April 22, 2014. Affected parties, however, do not have to comply with the information collection requirements in §§ 120.105(i), 120.215(a)(9), 135.615, 135.617, 135.619, and 135.621 until the Office of Management and Budget (OMB) approves the collection and assigns a control number under the Paperwork Reduction Act of 1995. The FAA will publish in the Federal Register a notice of the control number assigned by OMB for these information collection requirements. The incorporation by reference of certain publications listed in §§ 135.168 and 135.605 is approved by the Director of the Federal Register as of April 22, 2014.

14 CFR Parts 91, 120, and 135

Summary

This final rule addresses helicopter air ambulance, commercial helicopter, and general aviation helicopter operations. To address an increase in fatal helicopter air ambulance accidents, the FAA is implementing new operational procedures and additional equipment requirements for helicopter air ambulance operations. This final rule also increases safety for commercial helicopter operations by revising requirements for equipment, pilot testing, and alternate airports. It increases weather minimums for all general aviation helicopter operations. Many of these requirements address National Transportation Safety Board safety recommendations, and are already found in FAA guidance. Today's changes are intended to provide certificate holders and pilots with additional tools and procedures that will aid in preventing accidents.

This rulemaking amends and harmonizes minimum altitudes for use of autopilots for transport category airplanes; it also enables the operational use of advanced autopilot and navigation systems by incorporating the capabilities of current and future autopilots, flight guidance systems, and Global Navigation Satellite System (GNSS) guidance systems while protecting the continued use of legacy systems at current autopilot minimum use altitudes. Additionally, this final rule implements a performance-based approach, using the certified capabilities of autopilot systems as established by the Airplane Flight Manual (AFM) or as approved by the Administrator.

The FAA is correcting a final rule published on July 15, 2013 (78 FR 42324). In that rule, the FAA amended its regulations to create new certification and qualification requirements for pilots in air carrier operations. The FAA unintentionally required without notice and comment a pilot serving as a second in command in part 135 commuter operations to have an airline transport pilot certificate and an aircraft type rating, and a pilot in command in part 135 commuter operations to have 1,000 hours of air carrier experience. This document corrects those errors and makes several additional miscellaneous corrections.

The notice of proposed interpretation published December 23, 2010, at 75 FR 80746 is withdrawn as of November 7, 2013.

14 CFR Part 135

Summary

On December 23, 2010, FAA published a Notice of Proposed Interpretation seeking public comment on the application of certain rest requirements during on-demand operations. Section 346 of the FAA Modernization and Reform Act of 2012 provided that the Administrator of the Federal Aviation Administration may not finalize the interpretation proposed in Docket No. FAA-2010-1259, relating to rest requirements, and published in the Federal Register on December 23, 2010. Consistent with this statute, no further action will be taken with regard to this interpretation.

This action supplements the preamble published in the Federal Register on April 12, 2001 (66 FR 19028). The FAA has reviewed data for automated external defibrillators and enhanced emergency medical kits to amend the “no go” provision. Data show that allowing these items to be incomplete, missing, or inoperative for one flight in accordance with the FAA master minimum equipment list does not adversely affect aviation safety. This action provides notice of the data finding and makes available the corresponding policy change for the one-flight relief for use of emergency medical equipment.

2013-09-06; vol. 78 # 173 - Friday, September 6, 2013

78 FR 54790 - Revisions to Operational Requirements for the Use of Enhanced Flight Vision Systems (EFVS) and to Pilot Compartment View Requirements for Vision Systems; Extension of Comment Period

The comment period for the NPRM published on June 11, 2013, was scheduled to close on September 9, 2013, and is extended until October 15, 2013.

14 CFR Part 1, 23, 25, 27, 29, 61, 91, 121, 125, and 135

Summary

This action extends the comment period for an NPRM that was published on June 11, 2013. In that document, the FAA proposed to permit operators to use an EFVS in lieu of natural vision to continue descending from 100 feet height above runway touchdown zone elevation and land on certain straight-in instrument approach procedures under instrument flight rules. This rule would also permit certain operators using EFVS-equipped aircraft to dispatch, release, or takeoff under instrument flight rules (IFR), and to initiate and continue an approach, when the destination airport weather is below authorized visibility minimums for the runway of intended landing. Pilot training, recent flight experience, and proficiency would be required for operators who use EFVS in lieu of natural vision to descend below decision altitude, decision height, or minimum descent altitude. EFVS-equipped aircraft conducting operations to touchdown and rollout would be required to meet additional airworthiness requirements. This rule would also revise pilot compartment view certification requirements for all vision systems. Given the technical complexity of the NPRM, Dassault-Aviation has requested that the FAA extend the comment period to October 15, 2013 to allow time to adequately analyze the NPRM and provide meaningful comments.

This notice announces the availability of a new policy statement regarding the regulation of some occupational safety and health conditions affecting cabin crewmembers on aircraft by the Occupational Safety and Health Administration. This policy statement will enhance occupational safety and health in the aircraft cabin by establishing the extent to which the Occupational Safety and Health Administration requirements may apply to the working conditions of aircraft cabin crew while they are onboard aircraft in operation.

Effective Date: July 15, 2013. This final rule will be effective immediately upon publication in the Federal Register . Section 553(d)(3) of the Administrative Procedure Act provides that publication of a rule shall be made not less than 30 days before its effective date, except “for good cause found and published with the rule.” 5 U.S.C. 553(d)(3). Consistent with section 553(d)(3), and for reasons discussed in Section III.H.6, the FAA finds good cause exists to publish this final rule with an immediate effective date. Compliance Date: Unless otherwise noted in the regulatory text, compliance with the provisions of this rule is required by August 1, 2013.

14 CFR Parts 61, 121, 135, 141, and 142

Summary

This action creates new certification and qualification requirements for pilots in air carrier operations. As a result of this action, a second in command (first officer) in domestic, flag, and supplemental operations must now hold an airline transport pilot certificate and an airplane type rating for the aircraft to be flown. An airline transport pilot certificate requires that a pilot be 23 years of age and have 1,500 hours total time as a pilot. Pilots with fewer than 1,500 flight hours may qualify for a restricted privileges airline transport pilot certificate beginning at 21 years of age if they are a military-trained pilot, have a bachelor's degree with an aviation major, or have an associate's degree with an aviation major. The restricted privileges airline transport pilot certificate will also be available to pilots with 1,500 flight hours who are at least 21 years of age. This restricted privileges airline transport pilot certificate allows a pilot to serve as second in command in domestic, flag, and supplemental operations not requiring more than two pilot flightcrew members. This rule also retains the second-class medical certification requirement for a second in command in part 121 operations. Pilots serving as an air carrier pilot in command (captain) must have, in addition to an airline transport pilot certificate, at least 1,000 flight hours in air carrier operations. This rule also adds to the eligibility requirements for an airline transport pilot certificate with an airplane category multiengine class rating or an airline transport pilot certificate obtained concurrently with a type rating. To receive an airline transport pilot certificate with a multiengine class rating a pilot must have 50 hours of multiengine flight experience and must have completed a new FAA-approved Airline Transport Pilot Certification Training Program. This new training program will include academic coursework and training in a flight simulation training device. These requirements will ensure that a pilot has the proper qualifications, training, and experience before entering an air carrier environment as a pilot flightcrew member.

2013-06-11; vol. 78 # 112 - Tuesday, June 11, 2013

78 FR 34935 - Revisions to Operational Requirements for the Use of Enhanced Flight Vision Systems (EFVS) and to Pilot Compartment View Requirements for Vision Systems

The FAA is proposing to permit operators to use an Enhanced Flight Vision System (EFVS) in lieu of natural vision to continue descending from 100 feet above the touchdown zone elevation to the runway and land on certain straight-in instrument approach procedures under instrument flight rules (IFR). This proposal would also permit certain operators using EFVS-equipped aircraft to dispatch, release, or takeoff under IFR, and to initiate and continue an approach, when the destination airport weather is below authorized visibility minimums for the runway of intended landing. Under this proposal, pilot training, recent flight experience, and proficiency would be required for operators who use EFVS in lieu of natural vision to descend below decision altitude, decision height, or minimum descent altitude. EFVS-equipped aircraft conducting operations to touchdown and rollout would be required to meet additional airworthiness requirements. This proposal would also revise pilot compartment view certification requirements for vision systems using a transparent display surface located in the pilot's outside view. The proposal would take advantage of advanced vision capabilities thereby achieving the NextGen goals of increasing access, efficiency, and throughput at many airports when low visibility is the limiting factor. Additionally, it would enable EFVS operations in reduced visibilities on a greater number of approach procedure types while maintaining an equivalent level of safety.

The comment period for the NPRM published on November 13, 2012 (77 FR 67584), was scheduled to close on February 11, 2013, and is extended until March 13, 2013.

14 CFR Parts 121 and 135

Summary

This action extends the comment period for an NPRM that was published November 13, 2012. In that rulemaking, the FAA proposed to amend the maintenance regulations for domestic, flag, and supplemental operations, and commuter and on-demand operations for aircraft type certificated with a passenger seating configuration of 10 seats or more (excluding any pilot seat). It would require these operators to develop policies, procedures, methods, and instructions for performing contract maintenance that are acceptable to the FAA and to include them in their maintenance manuals. It would also require the operators to provide a list to the FAA of all persons with whom they contract their maintenance. At the behest of several of their FAA-certificated air carrier members, Regional Air Cargo Carriers Association (RACCA) requested that the FAA extend the comment period closing date to allow time to adequately analyze the NPRM and prepare comments.

The comment period for the Notice of availability published on December 7, 2012, was scheduled to close on January 7, 2013, and is extended until January 22, 2013.

14 CFR Parts 91, 121, 125, and 135

Summary

This action extends the comment period for a notice of availability that was published in the Federal Register on December 7, 2012. In that document, the FAA announced a proposed policy statement regarding the regulation of some occupational safety and health conditions affecting cabin crewmembers on aircraft by the Occupational Safety and Health Administration. The comment period is scheduled to close on January 7, 2013. Several airline associations have requested that the FAA extend the comment period for an additional 30 days to allow time for their members to evaluate the impacts and implications of the proposed policy and prepare comments.

This notice announces the availability of a proposed policy statement regarding the regulation of some occupational safety and health conditions affecting cabin crewmembers on aircraft by the Occupational Safety and Health Administration (OSHA). This policy statement will enhance occupational safety and health in the aircraft cabin by establishing the extent to which OSHA requirements may apply to the working conditions of aircraft cabin crew while they are onboard aircraft in operation.

The FAA proposes to amend and harmonize minimum altitudes for use of autopilots for transport category airplanes. The proposed rule would enable the operational use of advanced autopilot and navigation systems by incorporating the capabilities of new and future autopilots, flight guidance systems, and Global Navigation Satellite System (GNSS) guidance systems while protecting the continued use of legacy systems at current autopilot minimum use altitudes. The proposed rule would accomplish this through a performance-based approach, using the certified capabilities of autopilot systems as established by the Airplane Flight Manual (AFM) or as approved by the Administrator.

The Federal Aviation Administration (FAA) proposes to amend the maintenance regulations for domestic, flag, and supplemental operations, and commuter and on-demand operations for aircraft type certificated with a passenger seating configuration of 10 seats or more (excluding any pilot seat). The proposed rules would require these operators to develop policies, procedures, methods, and instructions for performing contract maintenance that are acceptable to the FAA and to include them in their maintenance manuals. The rules would also require the operators to provide a list to the FAA of all persons with whom they contract their maintenance. These changes are needed because contract maintenance has increased to over 70 percent of all air carrier maintenance, and numerous investigations have shown deficiencies in maintenance performed by contract maintenance providers. The proposals would help ensure consistency between contract and in-house air carrier maintenance and enhance the oversight capabilities of both the air carriers and the FAA.

The FAA seeks comments on current policy, guidance, and procedures that aircraft operators (ranging from pilots of general aviation aircraft up to and including air carrier certificate holders at the major airlines) use when determining if passenger use of portable electronic devices (PEDs) may be allowed during any phase of flight on their aircraft. Current FAA regulations generally prohibit the use of all PEDs during flight, with the exception of portable voice recorders, hearing aids, heart pacemakers, and electric shavers. These regulations also provide an exception for any other PED that the aircraft operator has determined will not cause interference with the navigation or communication systems on the aircraft. To better effectuate the safety purposes of these regulations, this notice requests comments about key areas of policy and guidance that are used by aircraft operators when making these determinations. It also requests comments about other technical challenges for addressing the problems associated with determining if and when PEDs can be used. The desired outcome of this solicitation is to have sufficient information to allow operators to better assess whether more widespread use of PEDs during flight is appropriate, while maintaining the highest levels of safety to passengers and aircraft. The Agency stresses that the existing regulations allow the operator to authorize the use of PEDs, and that no specific FAA approval is required. The aircraft operator is responsible for assuring that the interference from PEDs does not pose a flight risk. Once all the comments have been collected, the FAA intends to establish an Aviation Rulemaking Committee (ARC) to review the comments and provide recommendations that might permit the more widespread use of PEDs during flight while maintaining the highest levels of safety for the passengers and aircraft. The FCC will be a key partner in this activity working collaboratively with the FAA, airlines, and the manufacturers to explore broader use of PEDS in flight.

2012-08-21; vol. 77 # 162 - Tuesday, August 21, 2012

77 FR 50420 - Proposed Provision of Navigation Services for the Next Generation Air Transportation System (NextGen) Transition to Performance-Based Navigation (PBN); Disposition of Comments

On December 15, 2011, the FAA published a Federal Register Notice (76 FR 77939) requesting comments on the FAA's plans for providing PBN services, and particularly the transition from the current Very High Frequency Omnidirectional Ranges (VOR) and other legacy navigation aids (NAVAIDS) to Area Navigation (RNAV)-based airspace and procedures. This action responds to the public comments the FAA received.

2012-05-22; vol. 77 # 99 - Tuesday, May 22, 2012

77 FR 30238 - Living History Flight Experience (LHFE)—Exemptions for Passenger Carrying Operations Conducted for Compensation and Hire in Other Than Standard Category Aircraft

The public meetings will be held on June 26, 27, and 28, 2012, from 8:00 a.m. until 4:30 p.m. Note that the meetings may be adjourned early if scheduled speakers complete their presentations early. The deadline to submit a request to make an oral statement is June 18, 2012. The written comment period will close on June 18, 2012.

14 CFR Parts 91, 119, 120, 121, 135, and 136

Summary

The FAA is announcing public meetings to gather additional technical input on the subject of exemptions relating to the LHFE. Input gathered will aid in developing future FAA guidance for evaluating LHFE petitions for exemption. Prior to the public meetings, the FAA is seeking public comment on the guidance.

This action would create new certification requirements for pilots in air carrier operations. The proposal would require a second in command (first officer) in part 121 operations to hold an airline transport pilot (ATP) certificate and a type rating for the aircraft to be flown. The FAA proposes to allow pilots with an aviation degree or military pilot experience to obtain an ATP certificate with restricted privileges with fewer than 1,500 hours total time as a pilot. The proposal also would require at least 1,000 flight hours in air carrier operations in order to serve as a pilot in command in part 121 air carrier operations. Finally, the FAA is proposing to modify an ATP certificate with an airplane category multiengine class rating or type rating to require 50 hours of multiengine flight experience and completion of a new FAA-approved ATP Certification Training Program for a Multiengine Class Rating or Type Rating that would include academic training and training in a flight simulation training device. These proposed requirements would ensure that pilots have proper qualifications and experience in difficult operational conditions and in a multicrew environment prior to serving as pilot flightcrew members in air carrier operations.

2012-02-28; vol. 77 # 39 - Tuesday, February 28, 2012

77 FR 11738 - Authorization To Use Lower Than Standard Takeoff, Approach and Landing Minimums at Military and Foreign Airports; Confirmation of Effective Date

The effective date for the direct final rule published on January 11, 2012, at 77 FR 1629, is confirmed as February 27, 2012.

14 CFR Part 135

Summary

This action confirms the effective date of the direct final rule published on January 11, 2012. The rule allows qualified operators to conduct lower than standard instrument flight rules (IFR) airport operations at military airports or outside the United States when authorized to do so by their operations specifications.

The FAA is correcting a notice published on December 27, 2011 (76 FR 80831). In that notice of availability the FAA announced the availability of an FAA Notice that would require FAA inspectors to review policy regarding approved training programs as well as to identify and correct those training programs which erroneously issued credit for previous training or checking. The Notice also provided guidance on constructing reduced hour training programs based on previous experience. Upon review of the comments and any necessary revision, the Notice would cancel and replace FAA Order 8900.1, Volume 3, Chapter 19, Paragraph 3-1111. This document corrects an incorrect comment due date.

2012-01-11; vol. 77 # 7 - Wednesday, January 11, 2012

77 FR 1629 - Authorization To Use Lower Than Standard Takeoff, Approach and Landing Minimums at Military and Foreign Airports

Effective: February 27, 2012. Comments for inclusion in the Rules Docket must be received on or before February 10, 2012.

14 CFR Part 135

Summary

This rulemaking would allow qualified operators to conduct lower than standard instrument flight rules (IFR) airport operations at military airports or outside the United States when authorized to do so by their operations specifications. This action is necessary because the current regulatory section limits certain operators to a takeoff minimum visibility of 1 mile, and a landing minimum visibility of 1/2 mile when conducting IFR operations at those airports, even when the operator has demonstrated the ability to safely conduct operations in lower visibility. The intended effect of this final rule is to bring the identified regulatory section into alignment with other sections of the regulations that currently permit lower than standard IFR operations at domestic civilian, foreign, and military airports when authorized to do so.